Over
1,100 individuals are in prison today on charges related to the diagnosis of
Shaken Baby Syndrome (SBS). In recent years this diagnosis has come under
scrutiny, and more than 20 convictions made on the basis of SBS have been
overturned. The overturned convictions have fueled a controversy about alleged
cases of SBS. In this talk, I will review the arguments made by the prosecution and
defense in cases related to SBS and point out two problems: much of the
evidence used has contextual bias, and the expert witnesses and attorneys ask
the wrong causal questions. To resolve the problem of asking the wrong causal
questions, I suggest that a Causes of Effects
framework be used in formulating the causal questions and answers given by
attorneys and expert witnesses. To resolve the problem of bias, I suggest that
only the task-relevant information be provided to the individual who determines
the diagnosis. I also suggest that in order for this to be possible, there must
be a change in the definition of SBS so it does not include the manner in which
the injuries were caused. I close with recommendations to researchers in
statistics and the law about how to use scientific results in court.

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